Hillman Transportation Co.

In the Matter Of HILLMAN TRANSPORTATION COMPANY and NATIONAL MARITIME UNION OF AMERICA, INLAND BOATMEN'S DIVISION, AFFILIATED WITH C. I. O. Case No. R-224,5.-Decided January 31, 1941 Jurisdiction : water transportation industry. Investigation and, Certification of, Representatives : existence of question : re- fusal to accord recognition to union; election necessary. Unit Appropriate for Collective Bargaining : all unlicensed personnel, including mates and watchmen, employed on company-owned boats, excluding captains, pilots, and engineers ; no controversy as to. Thorp, Bostwick, Reed and Armstrong, by Mr. Donald W. Ebbert of Pittsburgh, Pa., for the company. Mr. William L. Standard, by Mr. Max Lustig, of New York City, for the N. M. U. Mr. Harold Weston, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On September '24, 1940, National Maritime Union, Inland Boat- men's Division, affiliated with the Congress of Industrial Organiza- tions, herein called the N. M. U., filed with the Regional Director for the Sixth Region (Pittsburgh, Pennsylvania) a petition alleging that a question affecting commerce had arisen concerning the representa- tion of employees of Hillman Transportation Company, Pittsburgh, Pennsylvania, herein called the Company, and requesting an investi-, gation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On November 1, 1940, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the- Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. 29 N. L R. B., No 62 332 HILLMAN TRANSPORTATION COMPANY 333 On December 14 and December 20, 1940, respectively, the Regional Director issued a notice of hearing and a notice of postponement of hearing, copies of which were duly served upon the Company and the N. M. U. Pursuant to notice, a hearing was held on January 6, 1941, at Pittsburgh, Pennsylvania, before Henry Shore, the Trial Examiner duly designated by the Board. The Company and the N. M. U. were represented by counsel and participated in the hearing. Full oppor- tunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing the Trial Examiner made several rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial, errors were committed. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Hillman Transportation Company, a Pennsylvania corporation, a wholly owned subsidiary of Hillman Coal and Coke Company, is engaged in the operation of various vessels 1 carrying freight and passengers between Pennsylvania and West Virginia.2 During the 12-month period from October 1, 1939, to October 1, 1940, the Company carried approximately 3,000,000 tons of materials, of which about 17 per cent were shipped from points outside the Com- monwealth of Pennsylvania to points within the Commonwealth of Pennsylvania; from points within the Commonwealth of Pennsyl- vania to points outside the Commonwealth of Pennsylvania; or from points without the Commonwealth of Pennsylvania to points in a State other than the Commonwealth of Pennsylvania and- other than the State of its origin. The Company employs approximately 140 persons. The Company concedes, for the purpose of this hearing, that it is subject to the jurisdiction of the Board within the meaning of the Act. 1 At the time of the hearing, the Company operated, and apparently owned, four vessels, namely : J. H. Hidhnan, Henry Roemer, A. B Sheets, and Joe Carter. 2 Company vessels ply the Monongahela River between Morgantown, West Virginia, and Pittsburgh, Pennsylvania, and the Ohio River between Pittsburgh and Weirton, West Vir- ginia. They also travel along the Allegheny River between Templeton, Pennsylvania, and Pittsburgh 334 DECISIONS OF NATIONAL LABOR RELATIONS BOARD If. THE ORGANIZATION INVOLVED National Maritime Union, Inland Boatmen's Division , is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize or to bargain with the N. M. U. until it is duly certified by the Board. At the hearing there was introduced in evidence a report of the Regional Director which shows that the N. M. U.3 represents a substantial number of the employees in the unit which it alleges to be appropriate. We find that a, question has arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring 'in connection with the operations of the Company described in Section I above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States, and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The N. M. U. contends that an appropriate bargaining unit con- sists of all unlicensed personnel, including mates and watchmen on company-owned boats, excluding captains, pilots, and engineers. The Company raises no objection to the unit proposed by the N. M. U. We find that all unlicensed personnel, including mates and watch- men, employed on company-owned boats, excluding captains, pilots, and engineers, constitute a unit appropriate for the purposes of col- lective bargaining and that' said unit will insure to the employees of the Company the full benefit of their right to self-organization and to collective bargaining, and otherwise effectuate the policies of the Act.4 3 The ,unit sought by the N M U is composed of approximately 54 employees The N M. U submitted to the Regional Director 40 membership application cards, 32 of which were signed by persons whose names were on the Company's September 30, 1949, pay roll, and whose duties brought them within the scope of the proposed unit. 4 See Matter of The Vesta Coal Company and National Maritime Union, Inland Boat- men's Dsvision, affiliated with the C. 1. 0, 27 N. L R B 696, HILLMAN TRANSPORTATION COMPANY 335 VI. THE DETERMINATION OF REPRESENTATIVES We find that the question which has arisen concerning representa- tion can best be resolved by the- holding of an election by secret ballot. We shall direct that such an election be held. The Company and the N. M. U. agreed that the Company's pay roll for the period next preceding the date of the election shall be the basis for determining eligibility to participate in the election. We shall direct that all employees in the appropriate unit whose names appear on the Company 's pay roll for the period next preceding the date of the election, including employees who did not work during such pay-roll period because they were ill or on vacation , but exclud- ing those who have since quit or been discharged for cause, shall be eligible to vote. Upon the 'basis of the above findings of fact and upon the entire record in the case, the Board makes the following : CONCLUSION'S OF LAw 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Hillman Transportation Company, Pitts- burgh, Pennsylvania , within the meaning of Section 9 (c) and Section 2 ( 6) and (7) of the National Labor Relations Act. 2. All unlicensed personnel, including mates and watchmen, em- ployed on company-owned boats, excluding captains, pilots, and engineers, constitute a unit appropriate for the purposes of collec- tive bargaining, within the ineaning of Section 9 (b) of the National Labor Relations Act. DIRECTION OF ELECTION By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- tions Act, 49 Stat. 449, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as. amended, it is hereby DIRECTED that, as part of the investigation ordered by the Board to ascertain representatives for the purposes of collective bargaining with Hillman Transportation Company, Pittsburgh, Pennsylvania, an election by secret ballot shall be conducted as soon as convenient and beginning as promptly as is practicable after the date of this Direction, under the direction and supervision of the Regional Direc-, for for the Sixth Region, acting in this matter as agent for the National Labor Relations Board and subject to Article III, Section 336 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 9, of said Rules and- Regulations, among all unlicensed personnel, including mates and watchmen, employed on company-owned boats, whose names appear on the Company's pay roll for the period,next preceding the date of the election, including those who did not work during'such pay-roll period because they were ill or on vacation, but excluding captains, pilots, and engineers, and employees who have since quit or been- discharged for cause, to determine whether or not they desire to be represented by National Maritime Union, Inland Boatmen's Division; affiliated with the C. I. 0., for the purposes of collective bargaining. CHAIRMAN HARRY A. Mmms took no part iri the consideration of the above Decision and Direction of Election.